Removal defense refers to the legal proceedings and strategies employed to prevent or contest the deportation or removal of an individual from the United States.
Removal proceedings, also known as deportation proceedings, are legal processes initiated by a government to determine whether an individual who is not a citizen has violated immigration laws and should be removed from the country. These proceedings typically begin when an immigration authority issues a Notice to Appear (NTA), which outlines the charges against the individual and specifies the reasons for potential deportation.
Once a non-citizen of the US is placed in removal proceedings, he or she can present arguments and evidence to the immigration court to demonstrate why the person should be allowed to remain in the country despite being subject to removal proceedings. Removal defense typically involves complex immigration laws and procedures, and individuals facing removal proceedings often seek assistance from immigration attorneys to navigate these processes and build a strong defense. Once placed in removal proceedings, make sure to reviews the charges and allegations of the Notice to Appear in order to possibly contest your grounds of removability.
In removal proceedings, you might be eligible for a form of relief depending on your situation. For instance, you might qualify for asylum and withholding of removal due to the past persecution you suffered in your home country. If you have remained a long time in the US before being placed in removal proceedings, you might qualify for cancellation of removal, even if you are not a lawful permanent resident.
In any event, you must contact an attorney to make sure that you have not been erroneously placed in removal proceedings so your counsel can file a motion to terminate or dismiss the removal proceedings. Also, you can actually negotiate with DHS to dismiss the removal proceedings in certain situations via a prosecutorial discretion (PD) request.
If you are detained while in removal proceedings, you might qualify for a bond if you are not considered as an aggravated felon.
At Lunel Law, we have extensive experience in representing people in removal proceedings. We will attend the hearings and prepare you for your merits hearing and assess your situation to determine whether a dismissal is feasible or advisable.